Expert Witness – enhance the strength of your legal case

When it comes to winning a case in court you need to make sure that everything is running in your favour. You’ll need to make use of as many favourable witnesses as you can to support your claims and demands. Without witnesses in your support your case will fall before it has begun. However, despite having said this, there are some types of case which don’t require witnesses to reach success. One of the most common of these is personal injury claims. To win at this case you’re going to need the services of a medico-legal firm.

These companies boast a range of certified professionals from doctors to solicitors who have the skills needed to bring your case to justice. One of their most fundamental assets is their ability to offer you an expert witness. Despite the name, the term does not refer to people who have seen a crime with their own eyes! They are certified professionals who are called upon to court to offer their expertise on a fact or piece of evidence that the judge isn’t sure on. In terms of your personal injury, an expert witness can validate your injuries and even explain how they happened. Expert witnesses can be provided by the court but if your case is only for a small claim you’re probably going to need to produce your own.

What to look for from a medico-legal company?

Expert witnesses can normally be found from medico-legal companies. It’s up to you to find the right
one to acquire services from.

Certified: Although any medical professional will be helpful to your case it is in your best interest to ensure that they are also certified. They will obviously need to be registered as an expert witness but should hopefully also be certified by the GMC (General Medical Council) and by the MDU (Medical Defence Union). This will help to heighten the authenticity of their expert opinion.

Successful: Many medico-legal companies will be more than happy to list a ‘testimonials’ page or a ‘previous clients’ page on their website. Check these sections out and learn which cases their expert witnesses have supported before. If they have a solid track record you can be confident in their ability to help win your case.

Fairly Priced: Your personal injury claim will be more than likely to sue for compensation in order to cover your time off of work. If you hire an expert witness who costs the earth it will defeat the point of your claim altogether. Use the internet to compare and contrast a vast range of companies to find a company who can offer you a reasonable price.

An expert witness can drastically enhance the strength of your case/claim. For personal injuries especially, their experience in the medical world can affirm to a judge the seriousness of your injuries and help in securing you the money that you deserve.

Don’t let the guilty get away with their crime – utilise an Expert Witness and unleash the legal power of a professional opinion.

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Questions to Ask Before Hiring an Expert Witness

An expert witness is an individual that is an expert in their particular field and they are called to testify at a trial. There is something about that trial that suggests this individual could be helpful in establishing the guilt or the innocence of the defendant. For instance, a dentist may be called upon to talk about bite patterns or to testify regarding the dental records of a victim. A neurologist could be called to testify about abnormalities in the defendant’s brain that caused them to commit the crime. There are so many types of expert witnesses that could be called to the stand.

But when hiring an expert witness, it is important that the lawyer doing the hiring asks certain questions before telling that person that they can testify. Those questions include:

– They should be asked to clarify their profession, which is the field they are an expert in. They should also be asked to show their credentials if the lawyer is not already familiar with them.

– They should also be asked to clarify how long they have been in their profession. Longevity can help quite a bit. Then again, there are some individuals just leaving college who have fresher knowledge on the field that they are in.

– The potential expert witness should be asked if they have any personal involvement with the case. It is important that they don’t have some sort of relationship with the defendant. If they do, they will not be called to be an expert witness. It is important that they are in an unbiased situation so that they may present an unbiased opinion on the case. They are expected to give their expert opinion and that is it.

– They should be asked if they have received any information on the case before the interview. This is because being given any advanced information can cause bias. That is why jurors tend to be asked if they have any information regarding the case before the interview. That information can cause an opinion that could compromise the case.

– They could be asked if they have participated in cases such as this before. Experience always helps when trying to find someone who will be comfortable enough to give their opinion on the witness stand. They should also be aware of how to give the necessary details when asked.

– They should also be asked if they have an issue being under oath. Some individuals do have an issue with being under oath due to specific beliefs that they may have. Most do not have an issue with it, though.

– There may be questions specific to their specialization that may be asked to ensure that the potential expert witness does know what they are talking about. It is important to have questions ready that prevents them from pretending that they are the expert.

It is very important to ensure that the potential expert witness is someone who can make some sort of impact on the case. Whether they are working behind the scenes as a non-testifying witness or they are a testifying witness, they have to know what they are talking about. They can’t just pretend that they know what they are talking about just because they want to be involved in the case in some way. Sure, they may get some publicity for it, but that is not a reason to get involved with a case. It is important to ensure that the potential expert witness wants to testify because they genuinely want to help the case. They want to offer some insight that will determine the guilt or innocence of the individual at trial.

Medical expert witness serving US and Canada. Having a group of medical and dental expert witness we have been serving since 1978.

Have You Got A Credit Expert Witness With Your Team?

For the most part Internet Marketers say that your best course of action is to become an expert within your niche. This is almost always followed up with some form of the “fake it til you make it” cliched advice. So then you have to decide what you want to do.

Rather than telling people to fake it, shouldn’t you figure out what it is that you can do to help yourself become a genuine expert? You can also learn what to do to position yourself this way but you have to prove to your audience that you have more than just a basic clue about things.

If you want people to see you as an expert first they are going to need to see you. Social media is one of the best ways to make this happen correctly. The niche you choose is going to tell you which one you should be focusing on. If you’re serving a more professional audience, you should start with LinkedIn. Facebook and Twitter are also important parts of any social media strategy. Selling your image and brand are your only goals here.

So don’t try to market any products just yet. You will need to network with people and engage them as much as possible. This simple thing is enough to expose you to others and help them remember you.

If you are not an expert in your niche but want to develop that perception, then it will take more time to accomplish this branding. So you have to be patient with the process, and you also have to give your self time to learn. Very many small business online marketers want everything to be instant. And don’t think that quality and honesty in your business does not matter because it’s more important than ever. You must take your time and create a road map that will give you solid direction and goals to accomplish. After all is ready to go, then assign priorities to goals and set out to meet them one at a time.

It shouldn’t take long for you to see that people who are actually experts and who are good at marketing themselves almost always have the best quality products. Obviously this doesn’t mean very short ebooks with prices that are far too low. Typically experts will have much more extensive courses and products that have the right prices. Don’t price everything so high that your audience can’t afford it but don’t be afraid to play the part either. Experts understand their status and don’t underestimate themselves. Experts understand that their information is valuable and it should be priced accordingly. If you have worked with branding before then it will be simpler for you to create your brand as a niche expert. Backing up your claims is quite important here. So there is a lot of work sitting there for you to do. But being known as an expert in a niche makes the effort more than worthy.

The Expert Witness Marketing Book How To Promote Your Forensic Practice In A Professional And Cost-Effective Manner The Expert Witness Marketing Book Reviews

The Expert Witness Marketing Book How To Promote Your Forensic Practice In A Professional And Cost-Effective Manner The Expert Witness Marketing Book

The Expert Witness Marketing Book How To Promote Your Forensic Practice In A Professional And Cost-Effective Manner The Expert Witness Marketing Book

Book annotation not available for this title.
Title The Expert Witness Marketing Book
Author Hamilton Rosalie
Publisher Expert Communications
Publication Date 2003/04/01
Number of Pages 264
Binding Type HARDCOVER
Library of Congress 2002094889

Price: [wpramaprice asin=”B00E5DLR8W”]

[wpramareviews asin=”B00E5DLR8W”]

Expert Witness Corner: A Fire Investigator?s Qualifications

Whether an attorney instructs a fire investigator to carry out work or is facing one across the courtroom it is essential that the lawyer satisfy himself or herself that the expert is properly qualified.

It is a young science and has evolved greatly of the last several years. Due to advances in the science of fire investigation certifying bodies and the courts are paying close attention to who qualifies and how. Investigations are conducted for various reasons ranging from those conducted by public fire departments to identify origin and cause, and whether or not any criminal activity was involved; to those privately financed by insurance companies and individuals to attempt to assign blame and recover loss. This article will discuss the range of education, training, experience, and certifications involved.

Education and Certifications

Formal education various greatly. The National Fire Protection Association (NFPA) 1033 “Standard for Professional Qualifications for Fire Investigator” is a standard for minimum requirements. The NFPA 1033 dictates in general that at a minimum, the investigator must be at least 18 years old and possess a high school diploma or equivalent. In general most will have various educations beyond this minimum. Formal education often varies from an associate’s degree in fire science to bachelors, masters, or doctoral degrees in engineering or other technical sciences.

There are numerous certifications available to demonstrate the minimum levels of competence. The two most recognized associations in the United States that certify are the National Association of Fire Investigators (NAFI) and the International Association of Arson Investigators (IAAI). NAFI offers three certifications that act as entry-level certification and documentation of education and experience. These certifications can be obtained upon completing various amounts on-scene training and completing varying amounts of training, often obtainable by attending various directed conferences. Upon meeting the applicant requirements, all of these certifications require passing a comprehensive written examination.

NAFI offers three different certifications; these are the Certified Fire and Explosion Investigator (CFEI), the Certified Fire Investigation Instructor (CFII), and the Certified Vehicle Fire Investigator (CVFI).

The IAAI offers two certifications which are the Fire Investigation Technician (IAAI-FIT) and the Certified Fire Investigator (IAAI-CFI). The IAAI-FIT is this association’s entry-level certification and requires a minimum of 18 months of general experience and a minimum of 44 hours of tested training. There is then a comprehensive examination. The IAAI-CFI has a much more rigorous application process that must be completed and approved before an applicant may sit for the certification examination. The requirements of the IAAI-CFI include a minimum of 4 years of full time experience, certain testimony experience or training requirements, education and training, and various other requirements that are set up on a point system. The applicant must complete the application meeting all the points requirements and include verification of every item listed.

Other agency specific certifications exist, but the most recognized may be the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Certified Fire Investigator (ATF-CFI). This in-house certification applies scientific and engineering technology training in a 2-year training program. The ATF special agent must undergo a minimum of 6 weeks of classroom training and gain hands on experience of at least 100 fire scenes under the direct mentorship of an ATF-CFI.

Public Sector Fire Investigation

The public sector F.I is usually one employed by the government, such as fire department, state fire marshal’s office, etc. The range of education, training, experience, and certifications varies greatly in this category. Fire department investigators are often fire fighters that have moved into the fire investigations unit. They often receive in house training that is passed down from colleagues. Their background often includes an associate’s degree in fire science related to fire fighting with some training. Often, fire department fire investigators will work in this position for many years however the department’s budget is often limited when it comes to sending employees to outside training and conferences which is a requirement for independently recognized F.I certifications. The lack of funding for outside training can lead to not only a lack of certifications, but also a lack of awareness of the advances in the science. Fire departments will often send at least their lead investigators to the Fire Academy and to locally sponsored conferences.

Often, fire marshal F.I’s have transferred from a different position. The F.M’s office often has a less restrictive budget with respect to providing training. F.M.I’s often have or are on path to acquire various certifications.

The next level comes from federal agencies such as the Alcohol, Tobacco, and Firearms (ATF). ATF investigators go through a rigorous two-year training program to obtain the ATF’s Certified Fire Investigator Certification (ATF-CFI).

Private Sector Fire Investigation.

Private sector investigators are those that do not conduct work for government agencies, but are hired by insurance companies, attorneys, or other individuals to determine the origin and cause of fires. They range from ex-public sector fire investigators to engineers, chemists, and other technically degreed individuals whose careers have led them into fire investigation. They normally have more flexible budgets for attending conferences, seminars, and other forms of continuing education, which tends to become a job requirement in order to comply with the recertification requirements of the various certifications they may hold.

Attorneys should therefore always bear in mind when they are trying to find an expert witness that the person they eventually use must have impeccable credentials and qualifications that cannot be challenged by their opponent.

Cale Robertson began his career as an engineer, obtaining a bachelors of science and a master’s degree in mechanical engineering and holds all of the key qualifications discussed above. You can view his Profile and find an expert witness at X-Pro, the innovative expert witness directory.

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Responsibilities of Structural Engineers as Expert Witness

Expert civil engineers in the construction field have great deal of responsibilities in their job. They directly accountable for the management and planning when it comes to construction dams, reservoirs, buildings, railroads, bridges, and highways. Not only do they assist in designing but they also participate in estimating costs, planning, scheduling, obtaining materials, choosing equipment used, and controlling costs.

However, there is a huge difference between an expert consultant and an expert witness. A consultant may be any person whom a client relies on to be especially well-informed and reliable for assisting with the technical sections of a problem. The recognition and work of the expert consultant may or may not be revealed to the other parties in the legal action unless and until it is finally decided that he or she will be an expert witness. This particular decision is made by the legal team based on the opinion hold by the consultants, the legitimacy of that opinion, the strength of his or her expected testimony, and, as the bottom line, the value of the testimony to the accomplishment of the case.

The work of an expert witness engineers is not much different from examining and reporting on any building project. The legal procedures for the examination are similar to that of any other professional work, requiring precision, knowledge and good reasoning capability. Once the engineer is faced up to the rules of the legal profession, he or she must be aware of the additional rules of forensic activities. This does not modify the general procedures for engineering work, but even makes it imperative to know the conduct and performance of an experienced witness.

It is a must that an expert witness engineers must possess work experience, advanced technical degrees, and certifications in many disciplines and sub disciplines as well including Materials Science and Engineering, Chemical Engineering, Mechanical Engineering, Metallurgical Engineering, Welding, and Corrosion. Among other qualifications, expert witnesses must also specialize in:

Identify defects or evidence of maltreatment

Finding out physical, chemical or mechanical of materials

Helping in subrogation claims

Developing protocols for precision evidence analysis

Determining requirement compliance

Giving detailed and impressive deposition and trial testimony

High-end instrumentation and qualified proficiency

Overall, it is believed that the truthful expert witness is the most valuable and necessary professional in the resolution of claims.

PJ Wright & Associates | Hydraulic consultants Specializing in Expert witness engineers, Hydraulic Design Australia, Hydraulics Consultants Perth, Hydraulic Engineers, Western Australia.

Expert Witness Corner: Inflicted Childhood Neurotrauma (Shaken Baby Syndrome)

Introduction:

Previous evidence has suggested that the shaking of a relatively heavy head about the neck causes such inertial forces within the brain tissue that shearing takes place with rupture of meningeal vessels and diffuse axonal injury, resulting in subdural haemorrhage and neurological damage. The retinal haemorrhages are generally thought to be due to the same shearing mechanisms at work within the vitreoretinal interface. There is a correlation between intra-ocular bleeding, anterior optic nerve haemorrhage and subdural haematomas. When looking at the relative positions of subhyloid haemorrhages at post mortem, it was found that the frequency of position of these haemorrhages coincided with the areas of maximal vitreoretinal adhesion, that is the ora serrata and the optic disc.

Post mortem findings of vitreous traction at the apex of retinal folds and the edge of dome shaped haemorrhages and retinoschisis gives some supporting evidence that vitreous forces may cause this shearing damage. There is no adequate model to test this experimentally, so this remains hypothesis, not established fact. In the situation of isolated intraocular haemorrhage with or without accompanying subdural haemorrhage there continues to be disagreement regarding the possibility of an accidental injury such as a short fall in the domestic setting being responsible for the clinical findings in the absence of other evidence to support non-accidental injury.

The Royal College of Ophthalmologists Working Party concluded in terms of the force required to cause retinal haemorrhages : “..no absolute values can be given for the angular acceleration forces required to produce injury but there is good evidence that they must be considerable..”

In 2003 ‘Brain haemorrhage in babies may not indicate violent abuse’ appeared as a headline in the BMJ following a not proven verdict in the case of a child minder accused of murder at the High Court in Edinburgh. During this case research was presented which purportedly cast doubt that the injuries could only have been due to violent shaking.

Research:

Geddes and colleagues, in a series of papers presented their findings that the most common pathological finding was of brain swelling and hypoxic ischaemic encephalopathy with a significant number of cases having focal axonal damage in the lower brainstem rather than diffuse axonal injury as previously thought. They hypothesized that damage to the brainstem, by hyperextension–flexion (shaking) injury at the craniocervical junction may cause focal damage, resulting in apnoea, and a cascade leading to hypoxic ischaemic encephalopathy, brain swelling, raised intracranial pressure and death. (This has been referred to as the ‘unified hypothesis’.) They further suggested that hypoxia-related leakage of blood from veins both inside the dura and in the subdural space was the source of the subdural haemorrhage rather than traumatic rupture of bridging veins and that in the immature brain hypoxia alone is sufficient to activate the pathophysiological cascade which culminates in altered vascular permeability and extravasation of blood, so that the subdural and retinal haemorrhages were a secondary phenomenon and not due to shearing forces. This led to the conclusion that “..it may not be necessary to shake an infant very violently to produce stretch injury to the neuroaxis…”

These comments related to those difficult cases in which there was little or no external evidence of injury but there were retinal and thin film subdural haemorrhages.

Other researchers have similarly reported the finding of hypoxic ischaemic damage rather than diffuse axonal injury but have not drawn the same conclusions regarding the forces involved.

However in terms of ocular examination there is no description of the retinal haemorrhages, they were either present or absent and they do not mention whether the optic nerves were examined. In the first paper they comment that “…a discussion of the aetiology of retinal haemorrhages…is beyond the scope of this paper. Later in their third paper they discuss the possible cause of retinal haemorrhages;

“ ..retinal haemorrhages can be explained by rises in intracranial pressure and central venous pressure, with and without hypoxia; they are also seen in a proportion of normal infants at birth, as well as in premature babies . In the setting of inflicted infant head injury, it has never been proved that retinal bleeding is directly caused by shaking; rather, it is widely assumed that it results from the shearing forces of the injury, which simultaneously cause retinal and subdural bleeding and diffuse brain damage. However…most infant victims…show very little ..traumatic pathology in the brain, it is appropriate to re-evaluate this assumption….”

Geddes’ pathological findings add little new evidence to the knowledge of retinal haemorrhages in shaken baby syndrome. In evaluating the latter Professor Luthert, an ophthalmic pathologist reviewing the various theories of causation (shearing forces vs other rheological mechanisms), timing and nature of injury concluded:

“….I consider it premature to consider that the eyes are in some way an independent arbiter of mechanism or severity of injury…”

The Geddes publications drew much attention particularly from those involved in child protection because of there conclusions. Punt published a lengthy rebuttal the main thrust of the which suggested intrinsic flaws within the research and a lack of evidence to support the unified hypothesis.

Geddes recently replied to Punt seeking to clarify their hypothesis explaining that whilst some had severe corticospinal pathology a few had strikingly little axonal damage:

“…In other words, in terms of numbers of axons injured, such an injury was trivial and totally survivable. What was not trivial was the child’s response to that injury…we do not know the minimum force needed to stretch the neuroaxis…..” .

Yet again they extrapolate this time from the fact that only a few nerve fibres may need to be damaged means only minimal force may be required to cause this small amount of damage but that the response was catastrophic, and that the damage to a small number of axons would be in itself survivable. This sounds plausible and intuitive, but just because only a few nerve fibres are damaged (and in some cases no obvious axonal damage in this area was found) does not prove that it does not require much force to cause this damage. It would seem that it is not that in terms of the number of axons damaged that determines that it is a trivial injury and survivable but it is the location of that damage.

The main scientific finding of Geddes in the first two papers was that in cases of retinal haemorrhages with thin film subdurals and in the absence of other injuries that the pathological finding is more commonly that of hypoxic ischaemic encephalopathy rather than diffuse axonal injury. This seems to have been lost in the subsequent arguments over the forces required to produce these findings.

Conclusion:

The cause of retinal haemorrhages, including the biomechanics of vitreo-retinal traction, raised intracranial pressure, changes in vascular permeability all remain unproven hypothesis as does the suggested mechanism of haemorrhage from Geddes. We are trying to make informed decisions on the basis of necessarily incomplete observational data, using inadequate mathematical, anthropomorphic and animal models which do not reflect the true nature of the normal infant nor the forces involved in shaking. The minimum forces required to cause such haemorrhage are not known and given that previous assumptions have been based on calculations relating to the generation of diffuse axonal injury, the use of the finding of retinal haemorrhages in isolation as a surrogate measure for the forces involved becomes dubious.

Regardless of the recent debate the observational evidence to date remains that children with non accidental injury may have no visible retinal haemorrhages, whilst non accidental injury and birth are the only circumstances in which multiple retinal haemorrhages in differing layers of the retina have been accurately documented.

This small albeit difficult group should not divert us from a willingness to evaluate the literature critically, participate in reasoned debate and in further research and certainly not detract from the main message… DON’T SHAKE THE BABY!

As a postscript, I would urge any lawyer who has a client who is facing accusations of child abuse, particularly those involving SBS, to instruct an experienced expert witness who can deliver an unbiased, objective report and, where appropriate, oral testimony. As can be seen from this article, the issues involved are extremely complex and are not without opposing views.

William Newman is an experienced Expert Witness and Consultant Ophthalmologist based at Alder Hey Children’s Hospital, Liverpool, UK. You can find an expert witness and view his profile at X-Pro UK, the innovative expert witness directory.

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